Involuntary Manslaughter PDF

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homicide...

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Involuntary Manslaughter 1. Unlawful act manslaughter: D commits a criminal act in dangerous circumstances, and this causes the death of V. 2. Gross negligence manslaughter: D causes V’s death through criminal negligence. 3. Reckless manslaughter: D causes V’s death, reckless as to that result.

Involuntary Manslaughter: Unlawful act manslaughter •

D commits a criminal act in dangerous circumstances, and this causes the death of V Actus Reus

Mens Rea

Conduct element

Any acts causing the results

Voluntary

Circumstance element

Any circumstances required for the base offence A reasonable person in D’s position would recognise a risk of some harm to V

As required for the base offence

Any results required for the base offence Death of V

As required for the base offence None

Result element

Andrews v DPP [1937] AC 576 Lowe [1973] QB 702 Lamb [1967] 2 QB 981

None

•

Dangerousness test? Edmund Davies J in Church [1996] 1 QB 59: … the unlawful act must be such that all sober and reasonable people would inevitably recognise that it must subject the other person to, at least, the risk of some harm resulting therefrom, albeit not serious harm.

• • • • •

Watson [1989] Crim LR 730 Dawson (1985) 81 Cr App R 150 JM & SM [2012] EWCA Crim 2293 Dhaliwal [2006] EWCA Crim 1139 AG’s Reference (No 3 of 1994) [1998] AC 245

•

Fright and flight o Carey [2006] EWCA Crim 17

•

Drug supply o Kennedy (No 2) [2007] UKHL 38

•

Suicide o D [2006] EWCA Crim 1139 o Wallace [2018] EWCA Crim 690

Involuntary Manslaughter: Gross negligence manslaughter • •

D causes V’s death through criminal negligence Adomako [1994] 3 All ER 79 Actus Reus

Mens Rea

Conduct element

Any conduct causing the results

Voluntary

Circumstance element

There must be a duty of care between D Knowledge of facts establishing the duty None and V None D’s breach of duty must pose a serious and obvious risk of death which is reasonably foreseeable D’s breach of duty must be ‘grossly negligent’

Result element

D must breach her duty of care Death of V

None None

Honey Maria Rose [2017] EWCA Crim 1168 Sellu [2016] EWCA Crim 1716 Misra [2004] EWCA Crim 2375, confirmed in S [2015] EWCA Crim 558 Wacker [2003] QB 1203 Evans [2009] EWCA Crim 650

Involuntary Manslaughter: Reckless manslaughter •

D causes V’s death, reckless as to that result

Conduct element

Actus Reus

Mens Rea

Any act or omission causing the result

Voluntary

Circumstance element V is a person

Result element

•

Death of V

Knowledge

Recklessness as to a significant risk of death or GBH

Lidar [2000] 4 Arch News 3

Corporate Manslaughter • •

Corporate Manslaughter and Corporate Homicide Act 2007 Liability for failure to prevent

Vehicular Homicide • • • •

Causing death by dangerous driving Causing death by careless driving Causing death by careless driving when under the influence of drink or drugs Causing death by aggravated vehicle taking

Infanticide • • •

Offence Partial defence Infanticide Act 1938, s1

Actus Reus

Mens Rea

Conduct element Circumstance element

Act or omission causing the result D is the mother of V; and V is under 12 months old; and D’s mind was disturbed by the effects of giving birth, or her lactation from giving birth

Voluntary None

Result element

Death of V

None...